Download as PDF
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2016–N231;
FXES11140800000–178–FF08ECAR00]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permit
Application; Proposed Low-Effect
Habitat Conservation Plan and
Associated Documents; San Diego
Gas and Electric, San Diego, Riverside,
and Orange Counties, California
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the San Diego Gas
and Electric Company (SDG&E) for an
incidental take permit for 15 animal
species pursuant to the Endangered
Species Act of 1973, as amended.
SDG&E is also seeking assurances for 22
plant species under the Service’s ‘‘No
Surprises’’ regulation. We are requesting
comments on the permit application
and on the preliminary determination
that the proposed habitat conservation
(HCP) qualifies as a ‘‘low-effect’’ HCP,
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis
for this determination is discussed in
the environmental action statement
(EAS) and the associated low-effect
screening form, which are also available
for public review.
DATES: Written comments should be
received on or before January 30, 2017.
ADDRESSES: Submitting Comments: You
may submit comments by one of the
following methods:
• U.S. Mail: Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and
Wildlife Office, 2177 Salk Avenue, Suite
250, Carlsbad, CA 92008.
• Fax: Field Supervisor, 760–431–
9624.
Obtaining Documents: To request
copies of the application, proposed
HCP, and EAS, contact the Service, by
telephone at 760–431–9440 or by letter
to the Carlsbad Fish and Wildlife Office
(see ADDRESSES). Copies of the proposed
HCP and EAS also are available for
public inspection during regular
business hours at the Carlsbad Fish and
Wildlife Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone: 760–
431–9440. If you use a
telecommunications device for the deaf,
srobinson on DSK5SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:18 Dec 29, 2016
Jkt 241001
please call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from the
San Diego Gas and Electric Company
(SDG&E) for a 5-year incidental take
permit for 15 animal species pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.). The application
addresses the potential ‘‘take’’ of 15
animal species and impacts to 22 plant
species associated with routine utility
infrastructure operation and
maintenance (O&M) activities and
minor new construction within
SDG&E’s service territory, which covers
San Diego County and portions of
Orange and Riverside Counties,
California. A conservation program to
avoid, minimize, and mitigate for
project activities would be implemented
by SDG&E as described in the
applicant’s proposed habitat
conservation plan (HCP).
The HCP is designed to support the
continuation of activities covered by
Endangered Species Act (ESA) Permit
No. PRT–809637, which is a multispecies incidental take permit issued by
the Service to SDG&E in December 1995
(1995 ESA permit). The 1995 permit is
subject to SDG&E’s compliance with its
1995 Subregional Natural Community
Conservation Plan/Habitat Conservation
Plan (1995 NCCP/HCP) and a 400-acre
cap on habitat impacts. Under this new
HCP, SDG&E would continue to apply
all of the conservation efforts, mitigation
measures, and operational protocols
implemented under the 1995 NCCP/
HCP. The HCP would allow a maximum
of 60 acres of impact over a 5-year
permit term.
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed HCP qualifies as a ‘‘loweffect’’ HCP, eligible for a categorical
exclusion under the National
Environmental Policy Act (NEPA) of
1969, as amended. The basis for this
determination is discussed in the
environmental action statement (EAS)
and associated low-effect screening
form, which are also available for public
review.
Background
Section 9 of the Endangered Species
Act and its implementing Federal
regulations prohibit the ‘‘take’’ of
animal species listed as endangered or
threatened. Take is defined under the
Act as to ‘‘harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect listed animal species, or to
attempt to engage in such conduct’’ (16
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
96475
U.S.C. 1538). ‘‘Harm’’ includes
significant habitat modification or
degradation that actually kills or injures
listed wildlife by significantly impairing
essential behavioral patterns such as
breeding, feeding, or sheltering (50 CFR
17.3). However, under section 10(a) of
the Act, the Service may issue permits
to authorize incidental take of listed
species. ‘‘Incidental take’’ is defined by
the Act as take that is incidental to, and
not the purpose of, carrying out an
otherwise lawful activity.
Take of plant species is not prohibited
under the Endangered Species Act and
therefore cannot be authorized under an
incidental take permit. However, 22
plant species, including 16 federally
listed plants, are proposed to be
included on the permit in recognition of
the conservation benefits provided to
them under the HCP.
Regulations governing incidental take
permits for threatened and endangered
species are found in 50 CFR 17.32 and
17.22, respectively. All species included
on the incidental take permit, if issued,
would receive assurances under the
Service’s ‘‘No Surprises’’ regulation (50
CFR 17.22(b)(5) and 17.32)(b)(5).
SDG&E seeks incidental take
authorization for 15 animal species,
including 8 federally endangered, 3
federally threatened, and 4 unlisted
species, and assurances for 22 plant
species, including 11 federally
endangered, 5 federally threatened, and
6 unlisted species. Collectively the 37
listed and unlisted species are referred
to as ‘‘Covered Species’’ in the HCP. The
permit would provide take
authorization for all 15 animal species
and assurances for all 22 plant species
identified in the HCP as ‘‘Covered
Species’’ during the requested permit
term of 5 years.
If we approve the permit, incidental
take of the 15 animal species and
impacts to 22 plant species listed in
Table 2 of the HCP would occur as a
result of covered species habitat
removal at a rate of 5 to 12 acres
annually over the course of the 5-year
permit term, or up to a 60-acre
maximum impact. The 60-acre habitat
impact, including take of covered
animal species, would be incidental to
SDG&E’s O&M activities on existing
infrastructure and minor new
construction within their service
territory in San Diego, Orange, and
Riverside Counties.
To minimize and mitigate impacts to
covered species, including take of
animal species, from O&M activities and
minor new construction, SDG&E will
implement all of the conservation
efforts, mitigation measures, and
operational protocols identified under
E:\FR\FM\30DEN1.SGM
30DEN1
96476
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
their 1995 NCCP/HCP. Specific
measures include implementing 61
operational protocols to minimize
impacts to covered species and
deducting mitigation credits from
existing preserved and managed lands
conserved by SDG&E to benefit the
covered species.
srobinson on DSK5SPTVN1PROD with NOTICES
Proposed Action and Alternatives
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP, which includes measures to avoid,
minimize, and mitigate impacts to 37
covered species. If we approve the
permit, take of the 15 animal species
and impacts to 22 plant species would
be authorized for SDG&E to conduct
O&M activities and minor new
construction. In the proposed HCP, the
applicant considers alternatives to the
taking of covered species under the
proposed action. A ‘‘No Action’’
alternative was considered where
SDG&E would continue to conduct its
activities in accordance with the
applicant’s 1995 NCCP/HCP until the
400-acre cap on habitat impacts is
reached. Simultaneously, SDG&E would
work with the Service and the California
Department of Fish and Wildlife to
develop and adopt a revised NCCP/HCP.
However, if this process is not
completed by the time the 400-acre cap
is reached, SDG&E would have to
suspend its routine O&M activities until
the process is complete or seek
individual permits for distinct activities.
Any suspension would pose significant
risks to SDG&E’s ability to provide safe
and reliable service to its customers and
pursuing individual permits for routine
activities would impose significant
administrative burdens and costs and
potential delays on SDG&E.
Our Preliminary Determination
The Service has made a preliminary
determination that approval of the
proposed HCP qualifies as a categorical
exclusion under NEPA (42 U.S.C. 4321
et seq.), as provided by the Department
of the Interior implementing regulations
in part 46 of title 43 of the Code of
Federal Regulations (43 CFR 46.205,
46.210, and 46.215), and that the HCP
qualifies as a ‘‘low-effect’’ plan as
defined by the Habitat Conservation
Planning Handbook (December 2016).
We base our determination that a HCP
qualifies as a low-effect plan on the
following three criteria:
(1) Implementation of the HCP would
result in minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats;
(2) Implementation of the HCP would
result in minor or negligible effects on
VerDate Sep<11>2014
19:18 Dec 29, 2016
Jkt 241001
other environmental values or
resources; and
(3) Impacts of the HCP, considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result, over time, in cumulative effects
to environmental values or resources
that would be considered significant.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
We will consider public comments in
making the final determination on
whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP
and comments we receive to determine
whether the permit application meets
the requirements and issuance criteria
under section 10(a) of the Act (16 U.S.C.
1531 et seq.). We will also evaluate
whether issuance of a section 10(a)(1)(B)
incidental take permit would comply
with section 7 of the Act by conducting
an intra-Service consultation. We will
use the results of this consultation, in
combination with the above findings, in
our final analysis to determine whether
or not to issue a permit. If the
requirements and issuance criteria
under section 10(a) are met, we will
issue the permit to the applicant for
incidental take and assurances, as
appropriate, for the 37 covered species.
Public Comments
If you wish to comment on the permit
application, proposed HCP, and
associated documents, you may submit
comments by any of the methods noted
in ADDRESSES.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority
We provide this notice under section
10 of the Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and
Wildlife Office, Carlsbad, California.
[FR Doc. 2016–31698 Filed 12–29–16; 8:45 am]
BILLING CODE 4333–15–P
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Guidelines for Implementing the Indian
Child Welfare Act
Bureau of Indian Affairs,
Interior.
ACTION: Notice of availability.
AGENCY:
This notice announces the
availability of the Department’s new
Guidelines for Implementing the Indian
Child Welfare Act. These guidelines are
intended to assist those involved in
child custody proceedings in
understanding and uniformly applying
the Indian Child Welfare Act (ICWA)
and the Department’s regulations. All
such parties—including the courts, State
child welfare agencies, private adoption
agencies, Tribes, and family members—
have a stake in ensuring the proper
implementation of this important
Federal law designed to protect Indian
children, their parents, and Indian
tribes.
SUMMARY:
The guidelines are available
at: http://bia.gov/WhoWeAre/BIA/OIS/
HumanServices/
IndianChildWelfareAct/index.htm. You
can also reach this Web page by going
to www.bia.gov and clicking the ‘‘Indian
Child Welfare Act’’ icon on the righthand side of the page.
FOR FURTHER INFORMATION CONTACT: For
information on implementation of these
guidelines, please contact Ms. Debra
Burton, ICWA Specialist, Bureau of
Indian Affairs, U.S. Department of the
Interior, 1849 C Street NW., MS 3642,
Washington, DC 20240, (202) 513–7610;
debra.burton@bia.gov. For information
regarding the development of these
guidelines, please contact Ms. Elizabeth
Appel, Office of Regulatory Affairs &
Collaborative Action—Indian Affairs,
U.S. Department of the Interior, 1849 C
Street NW., MS 3642, Washington, DC
20240, (202) 273–4680;
elizabeth.appel@bia.gov.
SUPPLEMENTARY INFORMATION: The ICWA
is a statute passed by Congress and
codified in the United States Code
(U.S.C.) at 25 U.S.C. 1901 et seq. The
Department promulgated ICWA
regulations to implement the statute; the
regulations were published in the
Federal Register at 81 FR 38778 (June
14, 2016) and will be codified in the
Code of Federal Regulations (CFR) at 25
CFR part 23.
The Department is now issuing
Guidelines for Implementing the Indian
Child Welfare Act to complement the
ADDRESSES:
E:\FR\FM\30DEN1.SGM
30DEN1

Agencies

[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96475-96476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31698]
[[Page 96475]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2016-N231; FXES11140800000-178-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; San Diego Gas and Electric, San Diego, Riverside,
and Orange Counties, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the San Diego Gas and Electric Company
(SDG&E) for an incidental take permit for 15 animal species pursuant to
the Endangered Species Act of 1973, as amended. SDG&E is also seeking
assurances for 22 plant species under the Service's ``No Surprises''
regulation. We are requesting comments on the permit application and on
the preliminary determination that the proposed habitat conservation
(HCP) qualifies as a ``low-effect'' HCP, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in the
environmental action statement (EAS) and the associated low-effect
screening form, which are also available for public review.
DATES: Written comments should be received on or before January 30,
2017.
ADDRESSES: Submitting Comments: You may submit comments by one of the
following methods:
U.S. Mail: Field Supervisor, Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008.
Fax: Field Supervisor, 760-431-9624.
Obtaining Documents: To request copies of the application, proposed
HCP, and EAS, contact the Service, by telephone at 760-431-9440 or by
letter to the Carlsbad Fish and Wildlife Office (see ADDRESSES). Copies
of the proposed HCP and EAS also are available for public inspection
during regular business hours at the Carlsbad Fish and Wildlife Office
(see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: 760-431-9440. If you use a telecommunications device for the
deaf, please call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the San Diego Gas and
Electric Company (SDG&E) for a 5-year incidental take permit for 15
animal species pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The
application addresses the potential ``take'' of 15 animal species and
impacts to 22 plant species associated with routine utility
infrastructure operation and maintenance (O&M) activities and minor new
construction within SDG&E's service territory, which covers San Diego
County and portions of Orange and Riverside Counties, California. A
conservation program to avoid, minimize, and mitigate for project
activities would be implemented by SDG&E as described in the
applicant's proposed habitat conservation plan (HCP).
The HCP is designed to support the continuation of activities
covered by Endangered Species Act (ESA) Permit No. PRT-809637, which is
a multi-species incidental take permit issued by the Service to SDG&E
in December 1995 (1995 ESA permit). The 1995 permit is subject to
SDG&E's compliance with its 1995 Subregional Natural Community
Conservation Plan/Habitat Conservation Plan (1995 NCCP/HCP) and a 400-
acre cap on habitat impacts. Under this new HCP, SDG&E would continue
to apply all of the conservation efforts, mitigation measures, and
operational protocols implemented under the 1995 NCCP/HCP. The HCP
would allow a maximum of 60 acres of impact over a 5-year permit term.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, eligible for a categorical exclusion under the National
Environmental Policy Act (NEPA) of 1969, as amended. The basis for this
determination is discussed in the environmental action statement (EAS)
and associated low-effect screening form, which are also available for
public review.
Background
Section 9 of the Endangered Species Act and its implementing
Federal regulations prohibit the ``take'' of animal species listed as
endangered or threatened. Take is defined under the Act as to ``harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
listed animal species, or to attempt to engage in such conduct'' (16
U.S.C. 1538). ``Harm'' includes significant habitat modification or
degradation that actually kills or injures listed wildlife by
significantly impairing essential behavioral patterns such as breeding,
feeding, or sheltering (50 CFR 17.3). However, under section 10(a) of
the Act, the Service may issue permits to authorize incidental take of
listed species. ``Incidental take'' is defined by the Act as take that
is incidental to, and not the purpose of, carrying out an otherwise
lawful activity.
Take of plant species is not prohibited under the Endangered
Species Act and therefore cannot be authorized under an incidental take
permit. However, 22 plant species, including 16 federally listed
plants, are proposed to be included on the permit in recognition of the
conservation benefits provided to them under the HCP.
Regulations governing incidental take permits for threatened and
endangered species are found in 50 CFR 17.32 and 17.22, respectively.
All species included on the incidental take permit, if issued, would
receive assurances under the Service's ``No Surprises'' regulation (50
CFR 17.22(b)(5) and 17.32)(b)(5).
SDG&E seeks incidental take authorization for 15 animal species,
including 8 federally endangered, 3 federally threatened, and 4
unlisted species, and assurances for 22 plant species, including 11
federally endangered, 5 federally threatened, and 6 unlisted species.
Collectively the 37 listed and unlisted species are referred to as
``Covered Species'' in the HCP. The permit would provide take
authorization for all 15 animal species and assurances for all 22 plant
species identified in the HCP as ``Covered Species'' during the
requested permit term of 5 years.
If we approve the permit, incidental take of the 15 animal species
and impacts to 22 plant species listed in Table 2 of the HCP would
occur as a result of covered species habitat removal at a rate of 5 to
12 acres annually over the course of the 5-year permit term, or up to a
60-acre maximum impact. The 60-acre habitat impact, including take of
covered animal species, would be incidental to SDG&E's O&M activities
on existing infrastructure and minor new construction within their
service territory in San Diego, Orange, and Riverside Counties.
To minimize and mitigate impacts to covered species, including take
of animal species, from O&M activities and minor new construction,
SDG&E will implement all of the conservation efforts, mitigation
measures, and operational protocols identified under
[[Page 96476]]
their 1995 NCCP/HCP. Specific measures include implementing 61
operational protocols to minimize impacts to covered species and
deducting mitigation credits from existing preserved and managed lands
conserved by SDG&E to benefit the covered species.
Proposed Action and Alternatives
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to 37 covered species. If we
approve the permit, take of the 15 animal species and impacts to 22
plant species would be authorized for SDG&E to conduct O&M activities
and minor new construction. In the proposed HCP, the applicant
considers alternatives to the taking of covered species under the
proposed action. A ``No Action'' alternative was considered where SDG&E
would continue to conduct its activities in accordance with the
applicant's 1995 NCCP/HCP until the 400-acre cap on habitat impacts is
reached. Simultaneously, SDG&E would work with the Service and the
California Department of Fish and Wildlife to develop and adopt a
revised NCCP/HCP. However, if this process is not completed by the time
the 400-acre cap is reached, SDG&E would have to suspend its routine
O&M activities until the process is complete or seek individual permits
for distinct activities. Any suspension would pose significant risks to
SDG&E's ability to provide safe and reliable service to its customers
and pursuing individual permits for routine activities would impose
significant administrative burdens and costs and potential delays on
SDG&E.
Our Preliminary Determination
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a categorical exclusion under NEPA (42
U.S.C. 4321 et seq.), as provided by the Department of the Interior
implementing regulations in part 46 of title 43 of the Code of Federal
Regulations (43 CFR 46.205, 46.210, and 46.215), and that the HCP
qualifies as a ``low-effect'' plan as defined by the Habitat
Conservation Planning Handbook (December 2016).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination on whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP and comments we receive to
determine whether the permit application meets the requirements and
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B)
incidental take permit would comply with section 7 of the Act by
conducting an intra-Service consultation. We will use the results of
this consultation, in combination with the above findings, in our final
analysis to determine whether or not to issue a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take and assurances,
as appropriate, for the 37 covered species.
Public Comments
If you wish to comment on the permit application, proposed HCP, and
associated documents, you may submit comments by any of the methods
noted in ADDRESSES.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2016-31698 Filed 12-29-16; 8:45 am]
BILLING CODE 4333-15-P